District of New Jersey • 2:26-cv-08682

SANCHEZ OSMA v. FACILITY ADMINISTRATOR/WARDEN

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Case Information

Filed: July 14, 2026
Assigned to: Julien Xavier Neals
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: July 21, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 14, 2026
PETITION for Writ of Habeas Corpus (Filing fee $5 NEW54559), filed by TATIANA KATERIN SANCHEZ OSMA. (Attachments: # 1 Civil Cover Sheet, # 2 Cover Letter, # 3 Certificate of legal mail, # 4 Exhibit, # 5 Proposed Order, # 6 Exhibit Index, # 7 Envelope)(vm) Modified on 7/15/2026 (ps). (Entered: 07/14/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 14, 2026
MOTION for Temporary Restraining Order by TATIANA KATERIN SANCHEZ OSMA. (vm) (Entered: 07/14/2026)
Main Document: Temporary Restraining Order
#3
Jul 14, 2026
TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 7/14/26. (vm) (Entered: 07/14/2026)
Jul 14, 2026
Emergent Immigration Habeas Non-transfer Order
#4
Jul 15, 2026
TEXT ORDER - Before the Court is Petitioner Tatiana Katerin Sanchez Osma's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging her continued detention by immigration authorities without an individualized bond hearing (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 2 ). Petitioner, a native of Colombia, who entered the United States in 2022, without inspection and was released into the country, contends she is unlawfully detained under 8 U.S.C. § 1225(b). (See generally ECF No. 1 .) Based on this Court's statutory interpretation in Caiza Guevara v. Tsoukaris, No. 26-967 (JXN) and in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under the plain text of § 1225(b)(1) or (b)(2), as she entered the country years ago and has been detained on the interior of the country. As such, her continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under a different statute, they instead detained Petitioner under § 1225(b). Accordingly, it is ORDERED that, subject to the following, the Petition (ECF No. 1 ) is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to her detention. It is further ORDERED that Respondents shall return to Petitioner all Petitioner's personal property - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b)(1) or (b)(2), which the Court has found inapplicable to Petitioner. It is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following Petitioner's release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is further ORDERED that the Motion for Temporary Restraining Order (ECF No. 2 ) is DISMISSED as moot. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Caiza Guevara and Fuentes Velasquez, or if Petitioner has an undisclosed criminal history, then Respondents shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. Ordered by Judge Julien Xavier Neals on 7/15/2026. (kd) (Entered: 07/15/2026)
Jul 15, 2026
Order on Motion for TRO
#5
Jul 20, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
Jul 20, 2026
Response to Habeas Petition
Main Document: Response to Habeas Petition
#8
Jul 21, 2026
Letter
Main Document: Letter
Jul 21, 2026
Terminate Civil Case
Jul 21, 2026
Text Order

Parties

FACILITY ADMINISTRATOR/WARDEN
Party
SANCHEZ OSMA
Party